Digital Personal Data Protection Bill has been passed, enacted as a law on Aug 11, 2023;
The legislation covers the entire gamut of situations and legal framework under which the law is interpreted, applied in its essence by the stakeholders.
- Clearly defines, Data Principal, Data Fiduciary and Data Protection Officer, Data Consent Manager and other legally required frameworks like Board, Tribunals and their employees.
- Strikes a balance between Data Principal (Owner of the data) and processor of the data (Data Fiduciaries) and their responsibilities with clearly articulated situations
- Data Principal has rights of consent, withdrawal of consent and explains the mechanism that needs to be put in place for grievance redressal, equally describing the duties for the data principal.
- Data Fiduciaries must set in motion of mechanism to take consent of personal (Individual, HUF, Firm or Company)
- Create an environment of accountability by requiring Data Protection Office, Data Consent Manager, where person can reach -out for data privacy related issues.
- Personal data can be used, only for the purpose of consent given for the period for which the consent is given and under the need of the purpose for which the consent is given.
- Data fiduciaries need to inform person the disclose the transfer of data to other data fiduciaries.
- Data Auditor becomes one of the interesting roles to keep the process clean and complied.
- Employers become accountable for the data they collect of their employees as fiduciary.
- Creates the need for employers to review the legitimate use and employer may have to realize the mechanism to educate the employees, consent framework and roles to address grievance
- Employers will have to ensure its appointed data processor are following the law.
- Penalties to the tune of 250 Cr and loss or damage to reputation of the employers
- Employees, customers, and partners
- Giving their own Intellectual, commercial, and other information for developing solutions
- Govt can restrict transfer of personal data outside country or territory outside India with a notification.
𝗧𝗵𝗶𝘀 𝗶𝘀 𝗮 𝘀𝗶𝗴𝗻𝗶𝗳𝗶𝗰𝗮𝗻𝘁 𝗺𝗶𝗹𝗲𝘀𝘁𝗼𝗻𝗲 𝗶𝗻 𝗜𝗻𝗱𝗶𝗮’𝘀 𝗾𝘂𝗲𝘀𝘁 𝗳𝗼𝗿 𝗱𝗮𝘁𝗮 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 , 𝘄𝗶𝘁𝗵 𝗜𝗻𝗱𝗶𝗮 𝗮𝗶𝗺𝗶𝗻𝗴 𝘁𝗼 𝗯𝗲 𝗮𝘁 𝗳𝗼𝗿𝗲𝗳𝗿𝗼𝗻𝘁 𝗼𝗳 𝗔𝗜 𝗿𝗲𝘃𝗼𝗹𝘂𝘁𝗶𝗼𝗻 𝘁𝗵𝗲 𝗹𝗮𝘄 𝗰𝗼𝗺𝗲𝘀 𝗮𝘁 𝗮𝗽𝗽𝗿𝗼𝗽𝗿𝗶𝗮𝘁𝗲 𝘁𝗶𝗺𝗲 𝗯𝗿𝗶𝗻𝗴𝘀 𝗰𝗹𝗮𝗿𝗶𝘁𝘆 𝗼𝗳 𝗹𝗲𝗴𝗮𝗹 𝗳𝗿𝗮𝗺𝗲𝘄𝗼𝗿𝗸.
𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀, 𝗶𝗻𝗱𝗶𝘃𝗶𝗱𝘂𝗮𝗹 𝗮𝗻𝗱 𝗰𝗼𝗺𝗽𝗮𝗻𝗶𝗲𝘀 𝗻𝗲𝗲𝗱 𝘁𝗼 𝗯𝗲 𝗮𝘄𝗮𝗿𝗲 𝗼𝗳 𝘁𝗵𝗲𝗶𝗿 𝗿𝗶𝗴𝗵𝘁𝘀 𝗮𝗻𝗱 𝗱𝘂𝘁𝗶𝗲𝘀 , 𝘄𝗲𝗹𝗹 𝗲𝘅𝗽𝗹𝗮𝗶𝗻𝗲𝗱 𝗶𝗻 𝘁𝗵𝗲 𝗚𝗮𝘇𝗲𝘁𝘁𝗲 𝗼𝗳 𝗜𝗻𝗱𝗶𝗮 , 𝗻𝗼𝘁𝗶𝗳𝗶𝗲𝗱 𝗼𝗻 𝗔𝘂𝗴 𝟭𝟭, 𝟮𝟬𝟮𝟯.
This is really helpful. Thank you Sameer for sharing the summary.
Great 👍 Thanks for publishing this information on social media to aware everyone …